On December 3, 2021, the U.S. Government Accountability Office (“GAO”) upheld[1] the Department of the Army, United States Army Corps of Engineers’ rejection of a bid containing COVID-19 in its force majeure clause. Being one of the most recent high-profile decisions concerning the inclusion of COVID-19 as a force majeure event, owners will be eager … Read More
COVID-19
Governor Kemp’s New Executive Order Concerning Coronavirus Provides Additional Guidance for the Construction Industry
On May 12, 2019, Georgia Governor Brian Kemp issued a new Executive Order (the “Order”) which provides a multitude of either suggested or required precautions to be taken by certain individuals, corporations, and entities in an effort to resume normal operations during the Coronavirus pandemic. The Order goes into effect May 14, 2020 at 12:00 … Read More
Richard Capriola & Eric Coleman Present National Webinar to AWCI on the Legal and Practical Issues of Reopening Construction in the Wake of COVID-19
On May 6, 2020, Richard Capriola and Eric Coleman, both partners at Winter Capriola Zenner, LLC, presented a webinar entitled “A Way Forward, Re-Opening Construction Projects during COVID-19” which was Part 2 of their April 1, 2020 Webinar, “Navigating Uncharted Waters: Legal Ramifications of COVDI-19” to the membership of The Association of the Wall and … Read More
Federal Agencies Publish COVID-19 Guidance for Construction Workers
While the Georgia Governor’s stay-at-home order was allowed to expire on April 30th, 2020, at 11:59 p.m. for most people (except people 65 and older, people in long-term care facilities, and people with moderate to severe asthma and other pre-existing conditions and chronic illnesses), certain federal agencies, the CDC, and OSHA, are continuing to publish … Read More
The Coronavirus and Commercial Rent Payments
Many businesses have been faced with the exact same question, how are they going to pay their rent? The local and state stay-at-home orders have caused many businesses to close all together or suffer severely diminished revenue. Commercial landlords, on the other hand, are relying on tenant rent payments to meet their financial obligations. So, … Read More
Construction Contracts in the Time of the Coronavirus Pandemic
As cities and states begin to issue executive orders that impose restrictions on the movement of people and operation of businesses, public and commercial construction projects have generally been permitted to continue construction. Nevertheless, the construction industry is feeling the effects of the coronavirus. Having previously discussed some general considerations parties to construction contracts should … Read More
Georgia Governor Brian Kemp Extends the Public Health State of Emergency
Due to the public health emergency created by the spread of COVID-19, Georgia Governor Brian Kemp declared a Public Health State of Emergency by Executive Order on March 14, 2020. The Public Health State of Emergency was scheduled to terminate on April 13, 2020, however, Governor Kemp proactively renewed it for thirty (30) days. In his … Read More
Georgia Governor Brian Kemp Issues Suspension of Short-Term Rentals Order
To reduce the spread of COVID-19 and temporarily prevent Georgia from becoming a vacation destination for out-of-state individuals, Georgia Governor Brian Kemp issued a new Executive Order. On April 8, 2020, Governor Kemp issued a state-wide order suspending Short-Term Vacation Rentals through April 30, 2020. “Short-Term Vacation Rentals” includes any transaction for the lease or … Read More
COVID-19 SBA Relief Loans – Differences between Economic Injury Disaster Loan and Paycheck Protection Program
Businesses and organizations face unique challenges in responding to the economic consequences of the COVID-19 (“coronavirus”) pandemic. Leaders across all industries are looking for immediate economic relief to retain employees, pay the bills, and keep the doors open. On Friday, March 27, 2020, the President signed into law the CARES Act, which contains $376 billion … Read More
What Governor Kemp’s Executive Order in response to the Coronavirus means for those in the Construction Industry.
On April 2, 2020, Georgia Governor Brian Kemp issued an Executive Order (the “Order”) restricting gatherings and business operations in Georgia due to the Coronavirus pandemic. The Order goes into effect at 6:00 p.m. on Friday, April 3, 2020 and expires at 11:59 p.m. on Monday, April 13, 2020. All prior executive orders, including those … Read More
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